BILL NUMBER: SB 1611	CHAPTERED  09/29/00

	CHAPTER   908
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN SENATE   MAY 4, 2000

INTRODUCED BY   Senator Bowen

                        FEBRUARY 22, 2000

   An act to amend Sections 229.5, 362, and 827 of the Welfare and
Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1611, Bowen.  Juveniles:  juvenile justice commissions and
juvenile court orders.
   (1)  Existing law provides for the establishment in each county of
a juvenile justice commission, which has the duty of investigating
the administration of juvenile justice in the county or region it
serves. Existing law further provides that a juvenile justice
commission may inquire into operations of group homes serving wards
or dependent children of the juvenile court and report its findings.
Existing law provides that a commission, in conducting its inquiry
of a group home, may not review confidential records of minors and
others.
   This bill would provide that a juvenile justice commission
conducting an inquiry of a group home may review court or case
records of a child provided it keeps the identities of minors named
in those records confidential.  This bill would also provide that a
juvenile justice commission may review the financial records of a
group home, but may not review personnel records of employees or the
records of donors to the group home.
   (2) Existing law provides that juvenile court case files are
generally confidential, but authorizes inspection by certain people,
including court personnel, the minor's parents or guardian, and the
superintendent of the minor's school district, among others.
   This bill would also authorize a county juvenile justice
commission to inspect juvenile court case files, and would provide
that a juvenile justice commission shall maintain the confidentiality
of these files, as specified.
   (3) Existing law provides that when a child is adjudged a
dependent of the court, the court may make any and all reasonable
orders for the care, supervision, custody, and support of the child.
Existing law further provides that, in order to promote coordination
and cooperation among government agencies, the court may join in
juvenile court proceedings a government agency that the court has
determined has failed to provide legally obligated services to a
child, after giving notice and an opportunity to be heard.  When an
agency is joined, a court may not impose duties upon an agency beyond
those mandated by law.
   This bill would provide that, subject to the above described
prohibition, a juvenile court may also join a private service
provider, as defined, that the court determines has failed to meet
such legal obligations.
   (4) This bill would incorporate additional changes in Section 362
of the Welfare and Institutions Code proposed by AB 2921, to be
operative if this bill and AB 2921 are enacted and become effective
on or before January 1, 2001, and this bill is enacted last.
   (5) This bill would incorporate additional changes to Section 827
of the Welfare and Institutions Code proposed by SB 1716, to be
operative if this bill and SB 1716 are enacted and become effective
on or before January 1, 2001, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 229.5 of the Welfare and Institutions Code is
amended to read:
   229.5.  (a) Notwithstanding any other provision of law, a juvenile
justice commission may inquire into the operation of any group home
that serves wards or dependent children of the juvenile court and is
located in the county or region the commission serves.  The
commission may review the safety and well-being of wards or dependent
children placed in the group home and the program and services
provided in relation to the home's published program statement.
   (b) In conducting its review, the commission shall respect the
confidentiality of minors' records and other information protected
under other provisions of law.  It may review court or case records
of a child provided it keeps the identities of minors named in those
records confidential, and may review the financial records of a group
home.  However, the commission may not review the personnel records
of employees or the records of donors to the group home.
   (c) The commission shall give the group home manager at least 24
hours' advance notice of a visit to a group home.  If the commission
believes that there is a serious violation of applicable licensing
laws or regulations or that residents of a group home are in danger
of physical or mental abuse, abandonment or other substantial threat
to their health and safety, the commission shall notify the Community
Care Licensing Division of the State Department of Social Services
for appropriate action, shall consult with the presiding judge of the
juvenile court and chief probation officer as to whether or not a
visit is appropriate, and shall notify other juvenile justice
commissions of its actions, as appropriate.
   (d) Upon the completion of a visit, if the commission finds any
condition in the group home that poses a danger to its residents or
otherwise violates any applicable law, ordinance, or regulation, the
commission shall verbally advise the group home manager of its
findings, unless it determines that the advisement could be
detrimental to the children placed there, and shall send written
confirmation of its findings to the group home manager within 14
days.  The commission may also report its findings to the presiding
judge of the juvenile court, chief probation officer, State
Department of Social Services, or other juvenile justice commissions
as appropriate.  A group home manager may meet with the juvenile
justice commission, chief probation officer, county welfare director,
juvenile court, or the State Department of Social Services to
resolve any problem or to submit a plan of correction.
  SEC. 2.  Section 362 of the Welfare and Institutions Code is
amended to read:
   362.  (a) When a child is adjudged a dependent child of the court
on the ground that the child is a person described by Section 300,
the court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the child,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among government agencies
or private service providers, or both, the court may, after giving
notice and an opportunity to be heard, join in the juvenile court
proceedings any agency or private service provider that the court
determines has failed to meet a legal obligation to provide services
to the child.  In any proceeding in which an agency or private
service provider is joined, the court shall not impose duties upon
the agency or private service provider beyond those mandated by law.
Nothing in this section shall prohibit agencies or private service
providers that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services for the child.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the child is eligible for those
services.  With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency or
private service provider has complied with that chapter.
   (b) When a child is adjudged a dependent child of the court, on
the ground that the child is a person described by Section 300 and
the court orders that a parent or guardian shall retain custody of
the child subject to the supervision of the social worker, the
parents or guardians shall be required to participate in child
welfare services or services provided by an appropriate agency
designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents or guardians of the child who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out the provisions of this section, including orders
to appear before a county financial evaluation officer.  That order
may include a direction to participate in a counseling or education
program, including, but not limited to, a parent education and
parenting program operated by a community college, school district,
or other appropriate agency designated by the court.  A foster parent
or relative with whom the child is placed may be directed to
participate in such a program in cases in which the court deems
participation is appropriate and in the child's best interest.  The
program in which a parent or guardian is required to participate
shall be designed to eliminate those conditions that led to the court'
s finding that the child is a person described by Section 300.
   (d) "Private service provider" means any agency or individual that
receives federal, state, or local government funding or
reimbursement for providing services directly to foster children.
  SEC. 2.5.  Section 362 of the Welfare and Institutions Code is
amended to read:
   362.  (a) When a child is adjudged a dependent child of the court
on the ground that the child is a person described by Section 300,
the court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the child,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among government agencies
or private service providers, or both, the court may, after giving
notice and an opportunity to be heard, join in the juvenile court
proceedings any agency or private service provider that the court
determines has failed to meet a legal obligation to provide services
to the child.  In any proceeding in which an agency or private
service provider is joined, the court shall not impose duties upon
the agency or private service provider beyond those mandated by law.
Nothing in this section shall prohibit agencies or private service
providers that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services for the child.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the child is eligible for those
services.  With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency or
private service provider has complied with that chapter.
   (b) When a child is adjudged a dependent child of the court, on
the ground that the child is a person described by Section 300 and
the court orders that a parent or guardian shall retain custody of
the child subject to the supervision of the social worker, the
parents or guardians shall be required to participate in child
welfare services or services provided by an appropriate agency
designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents or guardians of the child who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out the provisions of this section, including orders
to appear before a county financial evaluation officer.  That order
may include a direction to participate in a counseling or education
program, including, but not limited to, a parent education and
parenting program operated by a community college, school district,
or other appropriate agency designated by the court.  A foster parent
or relative with whom the child is placed may be directed to
participate in such a program in cases in which the court deems
participation is appropriate and in the child's best interest.  The
program in which a parent or guardian is required to participate
shall be designed to eliminate those conditions that led to the court'
s finding that the child is a person described by Section 300.
   (d) Notwithstanding subdivision (c), no prospective adoptive
parent or birth relative, including a birth parent, shall be required
by court order to enter into a postadoption contact agreement or
into mediation or any other negotiation intended to develop a
postadoption contact agreement.
   (e) "Private service provider" means any agency or individual that
receives federal, state, or local government funding or
reimbursement for providing services directly to foster children.
  SEC. 3.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) Juvenile justice commissions as established under Section 225.
  The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
   (L) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (K), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 3.5.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) A judge assigned to a family law case with issues concerning
custody or visitation, or both, involving the minor, a family court
mediator assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, and a child custody evaluator appointed by the
court pursuant to Section 3118 of the Family Code.
   (L) Juvenile justice commissions as established under Section 225.
  The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
   (M) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any                                             portion thereof, of a
deceased child only upon a showing that release of the juvenile case
file or any portion thereof is detrimental to the safety,
protection, or physical, or emotional well-being of another child who
is directly or indirectly connected to the juvenile case that is the
subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (L), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 4.  Section 2.5 of this bill incorporates amendments to
Section 362 of the Welfare and Institutions Code proposed by both
this bill and AB 2921.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 362 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 2921, in which case
Section 2 of this bill shall not become operative.
  SEC. 5.  Section 3.5 of this bill incorporates amendments to
Section 827 of the Welfare and Institutions Code proposed by both
this bill and SB 1716.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 827 of the Welfare and Institutions
Code, and (3) this bill is enacted after SB 1716, in which case
Section 3 of this bill shall not become operative.
